These rules are to promote public recognition of the organisation, protect its reputation and promote easy access.
| 2.1 | A society shall publish its name, telephone numbers including emergency telephone numbers and its physical address in the telephone directory serving its area of operation. Outside of office hours the emergency number must be recorded on the main telephone number. The emergency number must also be displayed on the notice board at the gate of the Society. |
| 2.2 | A Society shall appoint a suitably competent and responsible person who can be readily contacted by members of the public. |
| 2.3 | A Society shall only use printed stationery/electronic communications which bear the name and logo approved by the Council. All such printed stationery and communications must state that the Society is registered with the Council in terms of the Act. |
[Rule 2.3 substituted by section 1 of Board Notice 11, GG41419, dated 2 February 2018]
| 2.4 | A Society shall ensure that its qualified inspectors shall wear uniforms, badges and insignia as previously approved by the Council. This may only be worn once the trainee has completed his/her assignment and has passed the AWA requirements for euthanasia. |
| 2.5 | A Society shall adopt the Statement of Policy as its own manifesto and will strictly adhere to and advance the commitments therein contained. Any employee, member of the governing body, or member of the Society, who fails to adhere to this policy shall not be permitted to continue as an employee, member of the governing body, or member of the Society. |
| 2.6 | No Society, its employees, members of the Governing Body or other members shall make any statement or do anything, whether intentionally or negligently, that will or is likely to have the effect of undermining or frustrating the aims, objects or policies of the Council. For the purposes of this rule, the expression "the effect of undermining or frustrating the aims, objects or policies of the Council" shall mean— |
| (a) | Publicly criticising any other Society or the SPCA movement in general; or |
| (b) | Conducting, or failing to conduct, activities in such a manner as to contravene any requirement of the operations manual; or |
| (c) | Becoming involved in or associated with the activities of any other organisation, the objects of which are not entirely in accord with those of the movement, as expressed in these Rules or in the operations manual. |
| (d) | Societies shall not make public statements about closing down unless the facts have been discussed and agreed with the Council, or their approved representative. |
[Rule 2.6(d) inserted by section 4 of Board Notice 11, GG41419, dated 2 February 2018]
[Rule 2.6 substituted by section 4 of Board Notice 180, GG34751, dated 18 November 2011]
| 2.7 | A Society shall be established and governed by a memorandum, articles of association, constitution or other founding document according to the Non-Profit Organisation Act and requiring a minimum of five members. No member of the governing body or staff of a Society shall be a member, agent, employee, official or representative of another animal welfare organisation, body or committee, interim, temporary or otherwise, or an organisation, body or committee, interim, temporary or otherwise, whose principles, aims, objectives, or general policy do not accord with those of the NSPCA and/or which has a function which may affect or have an impact upon the welfare of animals, unless previously approved in writing by the Board, which approval shall not be unreasonably withheld. |
| 2.8 | A Society shall not raise funds in any area where an existing SPCA is presently operational without the prior written consent of that Society, except in the case of applications to national Trusts. In the event of a dispute, the Board shall act as mediator. This rule shall not apply where the NSPCA, in exceptional circumstances, deems it necessary to raise funds on behalf of a Society. |
| 2.9 | [Rule 2.9 deleted by section 5 of Board Notice 180, GG34751, dated 18 November 2011] |
| 2.10 | No Society shall endorse any product without the written consent of the Board, which consent shall not be unreasonably withheld. |
| 2.11 | In the event that any member, committee member, director, employee or other officer of the NSPCA or any Society acts in breach of any provision of the Act and Rules, then the procedures set out in Section 11 of the Act, as they apply to Societies, shall apply mutatis mutandis, and shall permit the expulsion of such person as a member of the NSPCA, any Society, or the organisation as a whole. |
| 2.12 | All new Committee members, as well as those seeking re-election, and new members of staff of SPCAs must comply with the Statement of Policy and may not take up employment, be employed or serve on the committee of any SPCA if they engage in any activity contrary to the Statement of Policy. |
| 2.13 | A Society shall inspect the premises of any new staff or committee member to ensure compliance with the Rules, Statement of Policy, Animals Protection Act and any other associated legislation, to ensure that the welfare of any animals on the premises is in no way compromised. National Inspectors will be permitted to inspect the premises of any member of staff or the Management committee in the presence of the staff or committee member concerned, to ensure that they are not in conflict with the Statement of Policy. |
[Rule 2.13 inserted by section 1 of Board Notice 191, GG35883, dated 23 November 2012]
2.14
| A. | Whenever it becomes apparent to the Board that the management committee of a Society has ceased to function (henceforth referred to as "the Society in question") and the Board is of the opinion that the Society cannot function adequately until a new management committee can be elected by the members of the Society in due course and in terms of that Society's constitution, then— |
| A1. | the Board may by notice appoint an interim committee ("the interim committee") comprised of the same number of members required in terms of the Society in question's constitution and which shall consist of persons selected by the Board from— |
| (ii) | members of the Board; and/or |
| (iii) | members of any other society; and/or |
| (iv) | members of staff of the NSPCA and/or any other Society; |
| A.2 | the interim committee so appointed shall have all such powers and duties as are granted to the management committee of the Society in question under that Society's constitution to its management committee; |
| A.3 | the Board shall fix the term of office of the Interim Committee. |
| B. | Whenever the Board exercises the powers referred to in sub-rule (1), it must report the fact and the circumstances to the next ensuing general meeting of the NSPCA. |
| C. | Any member of a Society that is aggrieved by a decision of the Board to appoint an interim committee shall notify the Board in writing of his or her dissatisfaction and the reasons therefore. In the event that the Board fails to address the member's grievances to the members satisfaction within 15 days of receipt of that member's written notice, then the member's grievances shall be referred to arbitration to be conducted under the aegis of the Arbitration Foundation of Southern Africa ("AFSA") and in terms of AFSA's Expedited Rules of Arbitration. |
[Rule 2.14 substituted by section 5 of Board Notice 140, GG38232, dated 28 November 2014]
| 2.15 | A Society shall ensure that at least two (2) members of its Management Committee attend the Committee Training Course presented by Council, every three years and ensure that each member of the Management Committee attends the Committee Training Course on a rotational basis. |
[Rule 2.15 substituted by section 1 of Board Notice 403, GG48187, dated 10 March 2023]
| 2.16 | A Society cannot employ the services of an Inspector/Senior Inspector/Field Officer without consulting with the Council first and confirming the status and qualification of the said Inspector/Senior Inspector/Field Officer. |
[Rule 2.16 inserted by section 3 of Board Notice 11, GG41419, dated 2 February 2018]
| 2.17 | A Society shall ensure that all staff and committee / board members produce a Police Clearance Certificate issued by the South African Police Services within 3 months of becoming a committee / board member of employee. This applies to current and prospective employees, and committee members / directors. It also applies to volunteers who are dealing with Society funds unsupervised. |
[Rule 2.17 substituted by section 5 of Board Notice 182, GG42100, dated 14 December 2018]
2.18 In the event that complaints are made against Inspectors or Field Officers:
| (a) | The complaint shall be submitted in writing, in the form of an affidavit, and addressed to the Chief Executive Officer of the National Council of SPCA’s (“the CEO”); |
| (b) | Upon receipt of a complaint, the CEO shall notify the person against whom the complaint is made (“the Respondent”), and attach a copy of the complaint to the notification. In the notification, the CEO shall advise the Respondent that: |
| (i) | he/she may furnish an explanation, in the form of an affidavit, before a stipulated date no later than 21 days of the date of the notification, or by such further date as may be agreed; |
| (ii) | such an explanation may be used in evidence against him/her; |
| (iii) | he/she has the right to refuse to answer any allegations that might incriminate him/her; and |
| (iv) | he/she is entitled to seek legal representation prior to providing such an affidavit. |
| (c) | The Respondent’s affidavit, together with the complaint, shall be submitted to an investigation committee appointed by the Board. If no affidavit is received, the CEO shall forward the complaint to the investigation committee at the expiry of the 21-day period, or such further period as may have been agreed. |
| (d) | The investigation committee shall conduct an investigation into the allegations and shall compile a report of their findings, which shall be submitted to the CEO. |
| (e) | If the investigation committee resolves that a complaint does not constitute unprofessional, illegal or unethical conduct, the CEO shall provide a copy of the report to the complainant. In the event that the complainant is not satisfied with this decision, then the evidence and report shall be referred to the Board for a decision as to whether an inquiry into the conduct in question should be held. |
| (f) | If it appears to the investigation committee or the Board that an inquiry should be held into the conduct of the Respondent, it shall direct the CEO to convene such an enquiry. The CEO shall provide the Respondent with written notice of such an enquiry, stating where and when the enquiry into his/her professional conduct will be held, and enclosing a charge sheet which shall clearly set out the charges that are to be addressed at the enquiry. |
(g) Notice shall be served on the Respondent by the Sheriff of the Court or by hand, and proof of delivery shall be provided to the CEO.
| (h) | The enquiry shall be conducted on the same terms as a disciplinary enquiry as set out in the Operations Manual. |
| (i) | The chairman of the enquiry shall be entitled in the event that the Respondent’s conduct contributed to the suffering of an animal or compromised its welfare, to suspend, for such period as he/she deems fit, or to cancel the Respondent’s Letters of Authorisation. |
| (j) | The CEO shall advise the governing body and the manager of the Society by whom the Respondent is employed of the decision of the Chairman, and the Society shall ensure that the decision is enforced. |
| (k) | The Society shall further be obliged to notify the Chief Magistrate of the areas for which the Respondent hold Letters of Authority of the decision, and to return the Letters of Authority to the Chief Magistrate(s) for cancellation. |
[Rule 2.18 inserted by section 1 of Board Notice 182, GG42100, dated 14 December 2018]
| 2.19 | An Inspector or Field Officer is obliged to report any unprofessional, illegal or unethical conduct by another Inspector or Field Officer particularly where an animal’s welfare has been or may be compromised. |
[Rule 2.19 inserted by section 2 of Board Notice 182, GG42100, dated 14 December 2018]
| 2.20 | Vehicles and trailers owned by the Society must be registered in the name of the Society. No vehicle or trailer owned by the Society may be registered in the name of any person, with exception of the proxy of the vehicle being in the name of the Manager or Chairperson. |
[Rule 2.20 inserted by section 4 of Board Notice 182, GG42100, dated 14 December 2018]
